By creating an account on the Parcours Analytics website (“Site” or “Service”), operated by Dennis McLaughlin (“Parcours Analytics,” “Company,” “we,” “us,” “our”), you agree to these Terms of Service (“Terms”), as well as our Privacy Policy and Data Processing Agreement (“DPA”) (collectively referred to as the “Agreement”).
Beta Release & Pricing
Please note that the Service is currently offered as a beta release and is provided free of charge during this beta period. We reserve the right, at our sole discretion, to introduce paid subscription plans or begin charging fees for access to the Service at a future date. Should we decide to implement fees, we will provide reasonable notice and instructions for continuing or canceling your access.
Account
By using the Service, you agree that Parcours Analytics may collect and store data relating to your website’s traffic.
You agree to maintain an accurate and up-to-date name and email address associated with your account. Your email will be used solely for essential account-related communications (e.g., service notifications, changes to these Terms) and occasional updates about Parcours Analytics.
To delete your account, you can navigate to your account settings page and select the “delete account” option. Once initiated, all associated data will be removed within a reasonable time frame. Please note that some residual copies may temporarily remain in backup systems before they are completely removed.
Parcours Analytics reserves the right to terminate or delete any account, with or without notice, for reasons including but not limited to legal compliance.
Payments
While the Service is currently free during the beta period, should we introduce paid plans in the future, premium subscriptions would be billed in advance, either monthly or annually. Your subscription would then automatically renew at the chosen interval. If payment were not received within the specified timeframe, access to the Service could be suspended until the outstanding amount is fully paid.
Refunds
Since the Service is currently free, refunds do not apply. If, in the future, we begin charging for the Service and you choose to cancel a premium subscription before the end of its paid term, you may request a refund for any remaining prepaid period. Refund requests would be evaluated on a case-by-case basis, and if granted, you must remove the Parcours Analytics tracking code (“Code”) from all of your websites.
Monthly Plans: Should monthly plans be introduced, the maximum potential refund would be limited to your most recent monthly payment, prorated based on the remaining portion of that billing cycle.
Annual Plans: If annual plans are introduced, refunds for annual subscriptions would be calculated based on the equivalent monthly rate, not the discounted annual rate. Canceling early would forfeit the annual discount, and the refund would reflect the standard monthly cost over the period used.
Disclosure
You agree to include a disclosure in your website’s privacy policy, informing visitors that your site uses Parcours Analytics’ tracking service. This disclosure should outline the types of data collected and its intended purpose. Where applicable, you are responsible for obtaining any required consent from your visitors before logging their personal data.
Unacceptable Usage
You may not use Parcours Analytics to track:
- Content embedded on external or third-party sites (e.g., ads, widgets) that are not owned by you.
- “Typo squatting” domains.
- Sites considered spammy or harmful.
- Sites distributing viruses, malware, or other illegal or malicious content.
License
Parcours Analytics grants you a revocable, non-exclusive, non-transferable license to insert the provided JavaScript tracking code (“Script”) into the HTML of your registered, owned web pages solely for accessing and utilizing the Service. You shall not (i) reproduce, modify, or create derivative works of the Script, or (ii) allow any third-party access to the Script or the Service outside of these Terms.
Representations and Warranties
You represent and warrant that you own the rights to your website’s URLs and the content published on them.
Parcours Analytics does not guarantee that the Service or information available through it will be error-free, always accessible, or always accurate. We are not responsible for unauthorized access to or alteration of your data.
Term and Termination
Either party may terminate this Agreement at any time. Termination may also occur if you fail to comply with these Terms or if you remove the Script from your web pages.
Upon termination:
- Parcours Analytics will cease providing the Service.
- You must remove the Script from all your web pages.
- Any outstanding fees (if applicable) become immediately due and payable.
- No refunds will be provided unless expressly stated above.
- Your historical data will no longer be accessible.
If you do not remove the Script upon termination, Parcours Analytics may take further action to ensure compliance.
Warranty and Disclaimer
THE SERVICE, SCRIPT, AND REPORTS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitations of Liability
Parcours Analytics WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, REGARDLESS OF THE BASIS OF THE CLAIM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE (IF ANY).
Indemnification
You agree to indemnify and hold Parcours Analytics, its officers, directors, employees, agents, and affiliates harmless from any third-party claims, damages, or expenses arising from your breach of these Terms, your use of the Service, or your unauthorized use of the Script.
Compliance
You will not use the Service in any manner that violates applicable laws, regulations, or third-party rights, including intellectual property rights and privacy laws.
Miscellaneous
Links to external sites are provided without warranty or responsibility. Parcours Analytics is not liable for any content on third-party websites.
If performance is hindered by circumstances beyond our control, Parcours Analytics shall not be held responsible.
This Agreement is governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions. All disputes shall be resolved through binding arbitration in British Columbia, conducted in English under WIPO’s Expedited Arbitration Rules.
You may not export the Software in violation of Canadian or U.S. export regulations. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
Any notices must be sent via email to our support address and are deemed received upon confirmation. No waiver of any breach or default is a waiver of future breaches. You may not assign this Agreement without our written consent. We are independent contractors, not partners.
If any provision of this Agreement is deemed unenforceable, it will be reformed to the extent necessary to make it enforceable, and the remainder of the Agreement will remain in full effect.
Changes to this Agreement
We reserve the right to update these Terms periodically. We will notify you of significant changes via your registered email address or through a notice on our Site. You are encouraged to review this Agreement regularly to stay informed.
Effective as of December 8th, 2023